Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of Extended Stay America #0780 Farmington Hills, Michigan )
) ) ) ) File No.: EB-FIELDNER-14-00013355 Citation No.: C201432360003
CITATION AND ORDER
EXCEEDING SIGNAL LEAKAGE LIMITS IN AERONAUTICAL BANDS
Adopted: June 25, 2014 Released: June 25, 2014
By the District Director, Detroit Office, Northeast Region, Enforcement
Bureau:
I. INTRODUCTION
1. This is an official CITATION AND ORDER (Citation) issued pursuant to
Section 503(b)(5) of the Communications Act of 1934, as amended
(Communications Act or Act),^ to Extended Stay America #0780 (Extended
Stay America). Specifically, Extended Stay America is being cited for
failing to notify the Commission before operating a multichannel video
programming distributor (MVPD) system with a carrier in the
aeronautical radio frequency band, in violation of Section 76.1804 of
the Commission's Rules (Rules),^ and for exceeding cable signal
leakage limits in aeronautical frequency bands in violation of Section
76.605(a)(12) of the Rules.^
2. Notice of Duty to Comply With Laws. Extended Stay America should take
immediate steps to come into compliance and reduce excessive signal
leakage, and to avoid any recurrence of the misconduct described
herein. Extended Stay America also must immediately register as an
MVPD and file FCC Form 321.^ Extended Stay America is hereby on notice
that if it subsequently engages in any conduct of the type described
in this Citation, including any violation of Sections 76.1804 and
76.605(a)(12) of the Rules, it may be subject to civil penalties,
including but not limited to substantial monetary fines (forfeitures)
and seizure of equipment. Such forfeitures may be based on both the
conduct that led to this Citation and the conduct following it.^
3. Your Response Required. Pursuant to Sections 4(i), 4(j), and 403 of
the Communications Act,^ we also direct Extended Stay America to
respond in writing, within thirty (30) calendar days after the release
date of this Citation, and signed under penalty of perjury, with
descriptions of the specific action(s) taken to come into compliance
with the cable signal leakage and notification rules, plans to
preclude recurrence of the violations, and also a timeline for
completion of any correction action(s).
II. background
4. On January 17, 2014, an agent from the Enforcement Bureau's Detroit
Office (Detroit Office) conducted an investigation and found Extended
Stay America, located at 27775 Stansbury Boulevard, Farmington Hills,
Michigan, utilizing a non-cable MVPD system at its facility. The agent
also found that Extended Stay America's MVPD system was using
aeronautical frequencies, but had not filed FCC Form 321 to notify the
Commission of its operation in the aeronautical band. The agent
further found that Extended Stay America's MVPD system was emitting a
radio carrier signal above allowed limits on frequency bands utilized
by aeronautical services. Specifically, the agent from the Detroit
Office conducted field strength measurements on the aeronautical
frequency 127.2625 MHz and measured an emission of 80.2 microvolts per
meter.
III. applicable law and violations
5. The Rules provide that cable and non-cable MVPDs that transmit
carriers with certain characteristics within frequency bands of
108-137 MHz and 225-400 MHz must comply with specific technical
requirements delineated in the Rules in order to avoid interference to
other licensed operations, including aeronautical systems operating in
these frequency ranges. In particular, Section 76.610 of the Rules
provides that all MVPDs (cable and non-cable) transmitting carriers or
other signal components carried at an average power level equal to or
greater than 10^-4 watts across a 25 kHz bandwidth in any 160
microsecond period, at any point in the cable distribution system in
the frequency bands 108-137 and 225-400 MHz for any purpose must
comply with, among others, Section 76.605(a)(12) of the Rules.^
Extended Stay America was required to comply with this Rule because
its MVPD system in Farmington Hills, Michigan, transmits a carrier at
an average power level equal to or greater than 10^-4 watts across a
25 kHz bandwidth in any 160 microsecond period and carries signals in
the 108-137 MHz aeronautical band.
6. Section 76.605(a)(12) of the Rules provides that signal leakage from a
cable television system operating between 54 MHz and 216 MHz shall be
limited to 20 micro-volts per meter, measured at three meters.^ At the
time of the investigation, an agent from the Detroit Office conducted
field strength measurements on the frequency 127.2625 MHz over three
meters from the MVPD equipment located at the Extended Stay America,
and measured an emission of 80.2 microvolts per meter, which exceeds
the field strength allowed on that frequency by the Rules.
7. Section 76.1804 of the Rules requires that an "MVPD shall notify the
Commission before transmitting any carrier or other signal component
with an average power level across a 25 kHz bandwidth in any 160
microsecond time period equal to or greater than 10^-4 watts at any
point in the cable distribution system on any new frequency or
frequencies in the aeronautical radio frequency bands (108-137 and
225-400 MHz). The notification shall be made on FCC Form 321."^ At the
time of the investigation, Extended Stay America was using frequencies
in the aeronautical band, but had not notified the Commission as
required.
8. Based on the foregoing, we find that Extended Stay America violated
Sections 76.605(a)(12) and 76.1804 of the Rules by failing to notify
the Commission of its operations in the aeronautical band and by
exceeding cable signal leakage limits.
IV. REQUEST FOR INFORMATION
9. Pursuant to Sections 4(i), 4(j), and 403 of the Communications Act,^
Extended Stay America is directed to describe the steps it has taken
or plans to take to come into compliance with the Commission's cable
signal leakage and notification rules, its plans to preclude
recurrence of the violations, and a timeline for any pending
corrective actions, within thirty (30) calendar days after the release
date of this Citation. A failure to respond in writing, or an
inadequate, incomplete, or misleading response, may subject Extended
Stay America to additional sanctions.^
V. RESPONDING TO THIS CITATION
10. In addition to the required written information described in
paragraphs 3 and 9, above, Extended Stay America may, if it so
chooses, respond to this Citation--challenging the factual and legal
findings herein--within thirty (30) calendar days from the release
date of this Citation either through (1) a written statement, (2) a
teleconference interview, or (3) a personal interview at the
Commission Field Office nearest to your place of business.
11. If you would like to arrange a teleconference or personal interview,
please contact James Bridgewater at (248) 471-0772. The nearest
Commission Field Office is located in Farmington Hills, Michigan. Such
teleconference or interview must take place within thirty calendar
(30) days of the date of this Citation. If you would like to submit a
written response, including any supporting documentation, you must
send the response within thirty (30) calendar days of the date of this
Citation to the contact and address provided in paragraph 12, below.
12. All written communications, including the information requested in
paragraphs 3 and 9, above, should be provided to the address below.
James Bridgewater
Federal Communications Commission
Detroit Office
24897 Hathaway Street
Farmington Hills, MI 48335-1552
Re: EB-FIELDNER-14-00013355
13. Reasonable accommodations for people with disabilities are available
upon request. Include a description of the accommodation you will
need, and include as much detail as you can. Also include a way we can
contact you if we need more information. Please allow at least five
(5) business days advance notice; last minute requests will be
accepted, but may be impossible to fill. Send an e-mail to
fcc504@fcc.gov or call the FCC's Consumer & Governmental Affairs
Bureau:
For sign language interpreters, CART, and other reasonable accommodations:
202-418-0530 (voice), 202-418-0432 (tty);
For accessible format materials (braille, large print, electronic files,
and audio format): 202-418-0531 (voice), 202-418-7365 (tty).
14. Please be advised that it is a violation of Section 1.17 of the Rules
(47 C.F.R. S 1.17) for any person or a staff member of that person to
make any false or misleading written or oral statement of fact.
Specifically, no person shall:
(1) In any written or oral statement of fact, intentionally provide
material factual information that is incorrect or intentionally omit
material information that is necessary to prevent any material factual
statement that is made from being incorrect or misleading; and
(2) In any written statement of fact, provide material factual information
that is incorrect or omit material information that is necessary to
prevent any material factual statement that is made from being incorrect
or misleading without a reasonable basis for believing that any such
material factual statement is correct and not misleading.^
15. Further, the knowing and willful making of any false statement, or the
concealment of any material fact, in reply to this Citation is
punishable by fine or imprisonment under 18 U.S.C. S 1001.
16. If you violate Section 1.17 of the Rules or the criminal statute
referenced above, you may be subject to further legal action,
including monetary fines pursuant to Section 503 of the Communications
Act.^
17. Under the Privacy Act of 1974, 5 U.S.C. S 552a(e)(3), we are informing
you that the Commission's staff will use all relevant material
information before it, including information that you disclose in your
interview or written statement, to determine what, if any, enforcement
action is required to ensure your compliance with the Communications
Act and the Rules.
VI. FUTURE VIOLATIONS
18. If, after receipt of this Citation, Extended Stay America again
violates Sections 76.1804 or 76.605(a)(12) of the Rules by engaging in
conduct of the type described herein, the Commission may impose
monetary forfeitures not to exceed $16,000 for each such violation or
each day of a continuing violation, and up to $122,500 for any single
act or failure to act.^ For instance, the Commission could impose
separate forfeitures for each day on which its MVPD system exceeds
cable signal leakage limits. Further, as discussed above, such
forfeitures may be based on both the conduct that led to the Citation
and the conduct following it.^ In addition, violations of the
Communications Act or the Rules also can result in seizure of
equipment through in rem forfeiture actions,^ as well as criminal
sanctions, including imprisonment.^
VII. ORDERING CLAUSES
19. IT IS ORDERED that, pursuant to Sections 4(i), 4(j), and 403 of the
Communications Act, Extended Stay America must provide the written
information requested in paragraphs 3 and 9, above. The response to
the request for information must be provided in writing, signed under
penalty of perjury by an authorized official at Extended Stay America
with personal knowledge of the information and representations
provided in the written response, and must be received by the FCC
within thirty (30) calendar days after the release date of this
Citation and Order.
20. IT IS FURTHER ORDERED that a copy of this Citation shall be sent both
by First Class U.S. Mail and Certified Mail to Extended Stay America
at 27775 Stansbury Boulevard, Farmington Hills, Michigan 48334.
FEDERAL COMMUNICATIONS COMMISSION
James A. Bridgewater
District Director
Detroit Field Office
Northeast Region
Enforcement Bureau
^ 47 U.S.C. S 503(b)(5).
^ 47 C.F.R. S 76.1804.
^ 47 C.F.R. S 76.605(a)(12).
^ Form 321 is an Aeronautical Frequency Notification Form, which must be
submitted electronically via the Cable Operations and Licensing System
Website (COALS). See http://www.fcc.gov/forms.
^ See 47 U.S.C S 503(b)(5). See also S. Rep. No. 95-580, 95th Cong., 1st
Sess. at 9 (1977) (If a person or entity that has been issued a citation
by the Commission thereafter engages in the conduct for which the citation
of violation was sent, the subsequent notice of apparent liability "would
attach not only for the conduct occurring subsequently but also for the
conduct for which the citation was originally sent.") (emphasis added).
^ 47 U.S.C. SS 154(i), 154(j), 403.
^ 47 C.F.R. S 76.610.
^ 47 C.F.R. S 76.605(a)(12).
^ 47 C.F.R. S 76.1804.
^ 47 U.S.C. SS 154(i), 154(j), 403.
^ See, e.g., SBC Communications, Inc., Apparent Liability for Forfeiture,
Forfeiture Order, 17 FCC Rcd 7589, 7599-7600, paras. 23-28 (2002)
(imposing $100,000 forfeiture for egregious and intentional misconduct,
i.e., refusing to attest to truthfulness and accuracy of responses to a
Letter Inquiry (LOI)); Connect Paging, Inc. d/b/a Get A Phone, Forfeiture
Order, 22 FCC Rcd 15146 (Enf. Bur. 2007) (imposing $4,000 forfeiture for
failure to respond to an LOI); BigZoo.Com Corporation, Order of
Forfeiture, 20 FCC Rcd 3954 (Enf. Bur. 2005) (imposing $20,000 forfeiture
for failure to respond to an LOI); Donald W. Kaminski, Jr., Forfeiture
Order, 18 FCC Rcd 26065 (Enf. Bur. 2003) (imposing $4,000 forfeiture for
failure to respond to an LOI). See also World Communications Satellite
Systems, Inc., Notice of Apparent Liability for Forfeiture, 18 FCC Rcd
18545 (Enf. Bur. 2003) (proposing $10,000 forfeiture for a non-responsive
reply to an LOI); Digital Antenna, Inc., Notice of Apparent Liability for
Forfeiture, 23 FCC Rcd 7600 (Enf. Bur. 2008) (proposing $11,000 forfeiture
for failure to provide complete responses to an LOI).
^ 47 C.F.R. S 1.17.
^ 47 U.S.C. S 503.
^ See 47 U.S.C. SS 401, 501, 503; 47 C.F.R. S 1.80(b)(7). This amount is
subject to further adjustment for inflation (see 47 C.F.R. S 1.80(b)(9)),
and the forfeiture amount applicable to any violation will be determined
based on the statutory amount designated at the time of the violation.
^ See supra para. 2.
^ See 47 U.S.C. S 510.
^ See 47 U.S.C. SS 401, 501.
(...continued from previous page)
(continued....)
Federal Communications Commission DA 14-868
2
Federal Communications Commission DA 14-868